A Texas board rejects clemency plea from a man facing execution in shaken baby syndrome case

News

A Texas board rejects clemency plea from a man facing execution in shaken baby syndrome case

2024-10-17 10:19 Last Updated At：10:20

HOUSTON (AP) — A Texas state board on Wednesday declined to stop what could be the first execution in the U.S. in a case tied to the diagnosis of shaken baby syndrome, rejecting clemency pleas from a man whose claims of innocence have drawn wide support, including from Republican lawmakers and a detective who say the conviction was based on faulty science.

The parole board voted unanimously, 6-0, to not recommend that Robert Roberson’s death sentence be commuted to life in prison or that his execution be delayed.

The decision is a major setback for efforts by Roberson's attorneys and a diverse coalition of individuals and groups to stop his lethal injection on Thursday. Roberson, who has long proclaimed his innocence, has few options left.

Gov. Greg Abbott can only grant clemency after receiving a recommendation from the board. Abbott does have the power to grant a one-time 30-day reprieve without a board recommendation. All members of the board are appointed by the governor.

But in his nearly 10 years as governor, Abbott has halted only one imminent execution, in 2018 when he spared the life of Thomas Whitaker, who had masterminded the fatal shootings of his mother and brother. Abbott said he commuted the sentence in part because Whitaker's father, who survived the shooting, indicated he would be victimized again if the state put to death his last remaining immediate family member.

Earlier Wednesday, the Texas Court of Criminal Appeals denied another request from Roberson to stay his execution. Roberson’s attorneys have asked the U.S. Supreme Court to stay his execution.

Roberson, 57, was condemned for the 2002 killing of his 2-year-old daughter, Nikki Curtis, in the East Texas city of Palestine.

“We urge Governor Abbott to grant a reprieve of 30 days to allow litigation to continue and have a court hear the overwhelming new medical and scientific evidence that shows Robert Roberson’s chronically ill, two-year-old daughter, Nikki, died of natural and accidental causes, not abuse," said Gretchen Sween, one of Roberson's attorneys.

A spokesperson for Abbott did not immediately reply to an email seeking comment Wednesday.

One of those who has been pushing to stop Roberson’s execution is Texas GOP megadonor and conservative activist Doug Deason.

“I believe he is innocent,” Deason wrote in a post on X on Tuesday.

Deason told the Houston Chronicle he has been talking directly with Abbott’s general counsel, James Sullivan, and two other Abbott staff members in recent weeks about Roberson’s case.

The parole board’s decision came on the same day as a Texas House committee met in Austin to discuss his case.

Brian Wharton, the lead detective with Palestine police who investigated Curtis’ death, told members of the Texas House Criminal Jurisprudence Committee he feels shame for playing a role in Roberson’s conviction. He called on Abbott to halt Roberson's execution.

“Don’t make my mistake. Listen to Robert. Hear his voice wherever you can find him, on the pages of all those documents you have from his attorney. But listen and you will hear innocence,” Wharton told members of the committee, most of whom are part of a bipartisan group of more than 80 state lawmakers, including at least 30 Republicans, who had asked the parole board and Abbott to stop the execution.

Roberson’s scheduled execution has renewed debate over shaken baby syndrome, which is known in the medical community as abusive head trauma.

His lawyers as well as the Texas lawmakers, medical experts and others say his conviction was based on faulty and now outdated scientific evidence related to shaken baby syndrome. The diagnosis refers to a serious brain injury caused when a child’s head is hurt through shaking or some other violent impact, like being slammed against a wall or thrown on the floor.

Roberson’s supporters don’t deny head and other injuries from child abuse are real. But they say doctors misdiagnosed Curtis’ injuries as being related to shaken baby syndrome and that new evidence has shown the girl died not from abuse but from complications related to severe pneumonia.

Roberson’s attorneys say he was wrongly arrested and later convicted after taking his daughter to a hospital. They say she had fallen out of bed in Roberson’s home after being seriously ill for a week. His lawyers say the short fall from the bed would have explained the only injury, a minor one, that a defense expert later found on the girl’s head.

Roberson’s lawyers have also suggested his autism, which was undiagnosed at the time of his daughter’s death, was used against him as authorities became suspicious of him because of his lack of emotion over what had happened to her. Autism impacts how people communicate and interact with others.

The American Academy of Pediatrics, other medical organizations and prosecutors say the diagnosis is valid and that doctors look at all possible things, including any illnesses, when determining if injuries were attributable to shaken baby syndrome.

Anderson County District Attorney Allyson Mitchell, whose office prosecuted Roberson, told the Texas House committee that a hearing was held in 2022 in which Roberson’s attorneys presented their new evidence to a judge, who rejected their claims. Mitchell said the prosecution's case showed Curtis had been abused by her father.

“I trust in the legal process that it has the safety nets and the reviews to do the checks and balances to make sure everything is right. And I believe that did occur here,” Mitchell said.

The parole board has recommended clemency in a death row case only six times since the state resumed executions in 1982. In three of those cases — in 1998, 2007 and 2018 — death row inmates had their sentences commuted to life in prison within days of their scheduled executions. In two of the cases — from 2004 and 2009 — then-Texas Gov. Rick Perry rejected the parole board’s recommendation to commute a death sentence to life in prison and the two prisoners were executed.

In 2019, the parole board recommended a 120-day reprieve for Rodney Reed, just days before his scheduled execution. But the Texas Court of Criminal Appeals stayed Reed’s execution before Abbott could take any action on the board’s recommendation.

Roberson's scheduled execution would come less than a month after Missouri put to death Marcellus Williams amid lingering questions about his guilt and whether his death sentence should have instead been commuted to life in prison. Williams was convicted in the 1998 killing of Lisha Gayle, a social worker and former St. Louis Post-Dispatch reporter.

Follow Juan A. Lozano: https://twitter.com/juanlozano70

Death toll in attack on Christmas market in Germany rises to 5 and more than 200 injured

2024-12-21 20:17 Last Updated At：20:21

MAGDEBURG, Germany (AP) — Germans on Saturday mourned both the victims and their shaken sense of security after a Saudi doctor intentionally drove into a Christmas market teeming with holiday shoppers, killing at least five people, including a small child, and wounding at least 200 others.

Authorities arrested a 50-year-old man at the site of the attack in Magdeburg on Friday evening and took him into custody for questioning. He has lived in Germany since 2006, practicing medicine in Bernburg, about 40 kilometers (25 miles) south of Magdeburg. officials said.

The state governor, Reiner Haseloff, told reporters that the death toll rose to five from a previous figure of two and that more than 200 people in total were injured.

Chancellor Olaf Scholz said that nearly 40 of them "are so seriously injured that we must be very worried about them.”

Several German media outlets identified the suspect as Taleb A., withholding his last name in line with privacy laws, and reported that he was a specialist in psychiatry and psychotherapy.

Mourners lit candles and placed flowers outside a church near the market on the cold and gloomy day. Several people stopped and cried. A Berlin church choir whose members witnessed a previous Christmas market attack in 2016 sang Amazing Grace, a hymn about God's mercy, offering their prayers and solidarity with the victims.

There were still no answers Saturday as to what motivated the man to drive his black BMW into a crowd in the eastern German city.

Describing himself as a former Muslim, the suspect shared dozens of tweets and retweets daily focusing on anti-Islam themes, criticizing the religion and congratulating Muslims who left the faith.

He also accused German authorities of failing to do enough to combat what he said was the “Islamism of Europe.” Some described him as an activist who helped Saudi women flee their homeland. He has also voiced support for the far-right and anti-immigrant Alternative for Germany (AfD) party.

Haseloff said Friday that authorities believed the man acted alone.

The violence shocked Germany and the city, bringing its mayor to the verge of tears and marring a festive event that’s part of a centuries-old German tradition. It prompted several other German towns to cancel their weekend Christmas markets as a precaution and out of solidarity with Magdeburg’s loss. Berlin kept its markets open but has increased its police presence at them.

Germany has suffered a string of extremist attacks in recent years, including a knife attack that killed three people and wounded eight at a festival in the western city of Solingen in August.

Magdeburg is a city of about 240,000 people, west of Berlin, that serves as Saxony-Anhalt’s capital. Friday’s attack came eight years after an Islamic extremist drove a truck into a crowded Christmas market in Berlin, killing 13 people and injuring many others. The attacker was killed days later in a shootout in Italy.

Chancellor Scholz and Interior Minister Nancy Faeser traveled to Magdeburg on Saturday, and a memorial service is to take place in the city cathedral in the evening. Faeser ordered flags lowered to half-staff at federal buildings across the country.

Verified bystander footage distributed by the German news agency dpa showed the suspect’s arrest at a tram stop in the middle of the road. A nearby police officer pointing a handgun at the man shouted at him as he lay prone, his head arched up slightly. Other officers swarmed around the suspect and took him into custody.

Thi Linh Chi Nguyen, a 34-year-old manicurist from Vietnam whose salon is located in a mall across from the Christmas market, was on the phone during a break when she heard loud bangs and thought at first they were fireworks. She then saw a car drive through the market at high speed. People screamed and a child was thrown into the air by the car.

Shaking as she described the horror of what she witnessed, she recalled seeing the car bursting out of the market and turning right onto Ernst-Reuter-Allee street and then coming to a standstill at the tram stop where the suspect was arrested.

The number of injured people was overwhelming.

“My husband and I helped them for two hours. He ran back home and grabbed as many blankets as he could find because they didn’t have enough to cover the injured people. And it was so cold," she said.

The market itself was still cordoned off Saturday with red-and-white tape and police vans every 50 meters (yards). Police with machine pistols guarded every entry to the market. Some thermal security blankets still lay on the street.

Christmas markets are a German holiday tradition cherished since the Middle Ages, now successfully exported to much of the Western world.

Aboubakr reported from Cairo and Gera from Warsaw, Poland. Geir Moulson contributed from Berlin.